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HomeMy WebLinkAbout09-17-1984I II. A M CITY OF AUBURN COUNCIL MEETING MINUTES September 17, 1984 7:30 p.m. CALL TO ORDER Flag Salute The regular meeting of the City of Auburn Council was called ' to order by Mayor Bob Roegner at 7:30 p.m. in the City of Auburn Council Chambers. Mayor Roegner led those in atten- dance in the pledge of allegiance. Roll Call Those in attendance included Mayor Bob Roegner; Council - members Burns, Colburn, Craig, Kurle, Larson, Whittall and Wisner; staff members Jack Bereiter, City Attorney; Len Chapman, Parks & Recreation Director; Dan Clements, Finance Director; Pat Dugan, Planning Director; Bob Johnson, Fire Chief; Coralee McConnehey, City Clerk; Mary Seabrands, City Engineer; Gretel Sloan, Personnel Director; and Bill Stockham, Police Chief. Also in attendance was Steve Lancaster, Environmental Planner. Pat Nevins was excused. C. Mayor's Announcements and Appointments - Mayor Roegner recommended Sue Severson to serve on the Human Resources Committee until 12/31/88 and Tom Hikida to serve on the Cemetery Board of Trustees unti 12/31/87. MOTION by Larson, SECOND by Colburn to concur with the Mayor's recommendations. MOTION CARRIED. UNANIMOUSLY. D. Agenda Modifications - The agenda modifications included minutes of the continued Public Works meeting of 9/13/84 and add -on Resolution 1539 related to Council Standing Committee assignments. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearings 1. Auburn Adventist Academy Rezone from Unclassified to P-1 Public Use located at the northeasterly corner of 32nd Street S.E. and Auburn Way South. Ed Wines, principal, was in the audience to answer any questions. No one else spoke. MOTION by Wisner, SECOND by Burns, to close public hearing. MOTION CARRIED UNANIMOUSLY. Dugan indicated this arose when the Academy applied for a building permit and it was listed as a non -conforming use. MOTION by Wisner, SECOND by Larson, to approve the rezone based upon the applicable Findings of Fact and the subsequent school uses are to be permitted in accord with R-2 development standards; and to introduce and adopt Ordinance 4008. MOTION CARRIED UNANIMOUSLY. 2. Federal Revenue Sharing Proposed Use Hearing No one made comments or suggestions related to the pro- posed use of Federal Revenue Sharing Funds. MOTION by Larson, SECOND by Colburn, to close the public hearing. MOTION CARRIED UNANIMOUSLY. -1- I AUBURN COUNCIL MINUTES PAGE TWO SEPTEMBER 17, 1984 II. A. Public Hearings (Cont.) 3. Sanitary Sewer Connection Restrictions in Auburn Way South area. Phil Bankhead, DeVere Lindh, Lewis Hitchcock, Barbara Lewis, Orlanda Fall, Steven Deal, Shirley Tutino suggested the Council not allow the sewer hookup of the proposed bingo parlor by the Muckleshoot Tribe because of traffic problems, sewer problems for other residents in the area and lack of citizen input. Tony Herrera, Business Manager, of the Muckleshoot Indian Tribe indicated the Tribe will pay for the sewer hookup and in their role as a developer would cooperate with the City on finishing the EIS study and investigate the Chinook alternative sewer hookup. MOTION by Craig, SECOND by Kurle, to close the public hearing. MOTION CARRIED UNANIMOUSLY. Councilmember Craig clarified the only issue was whether any more sewer hookups should be allowed on the Auburn Way South sewer line. He introduced Tim LaPorte, URS Engineering, who gave a brief summary of the study they had done in the area. LaPorte indicated they had several recommendations: (1) correct infiltration and inflow problems; (2) monitor area by Sewer Division; (3) review monitoring in winter months to see how infiltration and inflow problems being corrected lessen problems; (4) work toward an ultimate solution; and (5) not let building permits get ahead of flow. Craig continued indicating the Public Works Committee brought this matter to the Council because of the emergency situation. If the restrictions were approved by the Council the Committee would then review sewer hookup requests on an individual basis and bring recom- mended hookups to the Council. Burns wondered about those in the 1800 block who were on septic tanks now and whether they would ever be allowed to hook up. Seabrands indicated it would depend on the Council's definition of an emergency situation. Burns also wondered if this action would be in conflict with the Anti -Trust Act. Bereiter indi- cated he felt it was a different type of situation. Bereiter wondered if the Committee was aware of those who had paid for L.I.D.'s. Craig indicated he was aware but to be fair they would have to rely on the technical note that the line is full. Bereiter stated his concern was that a developer who had paid an L.I.D. and now cannot hookup could say he had incurred damages. Bereiter said he understood this would be taken into consideration when the Committee reviewed the request. Craig stated his understanding was correct. Seabrands called the Council's attention to the infor- mation provided on the agenda bill which indicated a plan of action would be developed on review of the requests. He said this would be addressed in the plan of action. Whittall wondered how long it would take to correct the problem. Seabrands said it would involve developing a plan of action and also reviewing the situation in December to see if infiltration and the inflow repairs have reduced the problem at all. -2- AUBURN COUNCIL MINUTES PAGE THREE SEPTEMBER 17, 1984 II. A. Public Hearings (Cont.) 3. Sanitary Sewer Connection Restrictions (Cont.) Craig said it was a matter of re -ordering of priori- ties. He noted they have been spending a lot of time on upgrading the water capabilities. He saw the interim solution as elimination of inflow problem and the real solution would be a line down over hill to Metro. MOTION by Craig, SECOND by Kurle, to direct staff to allow no more sewer connnections on Auburn Way South and each request for connection will be reviewed on a case -by -case basis for determination for connection by the Public Works Committee with a recommendation to the Council for their concurrence and approval. MOTION CARRIED UNANIMOUSLY. 4. Washington State Harness Club Request to amend Ordinance No. 3914 (Auburn Downs Conditional Use Permit) to be amended by changing the date to read either: "November 1, 1985" or "prior to the opening of the race track." Mrs. Mary Stewart, Ruth Stewart and Steven Deal opposed extention of the Conditional Use Permit because of the adverse affects of the track such as light, noise, gambling, betting, and that they felt they had had enough time. 3 Jim Goldsmith, consultant representing the Harness Club, requested the Council approve the extention. MOTION by Wisner, SECOND by Larson, to close the public hearing. MOTION by Wisner, SECOND by Larson, to ten- tatively approve amendment of the Auburn Downs CUP (Ordinance No. 3914) to reflect a one year delay in construction and operation; however, the Council with- holds final approval until the second meeting in October to give the Harness Club adequate opportunity to submit the required LID financial guarantees. MOTION CARRIED UNANIMOUSLY. B. Audience Participation Pike Street Closure Dorothy Allen, 1116 "K" N.E., submitted a petition of 600 signatures which protested the closing of Pike Street. She said with school now open it was really a problem. Dorothy Watson also opposed the Pike Street closure and asked the Council to consider the problems to businesses. Muckleshoot Bingo Parlor Barbara Lewis asked questions related to the bingo parlor: (1) Does the Tribe pay an L.I.D.? (2) How many families in the immediate area on top of the hill or out are not served by sewer? (3) How many families could hook up in place of the bingo parlor? (4) Is the $34,000 a fair share? (5) How would a restaurant/lounge affect the sewer system? (6) What is going to happen next summer when the fireworks stands, vegetable vendors and roadside vendors are there (traffic)? (7) Who is going to pay for the public ser- vices? (8) Will the City see any revenue whatsoever from the bingo parlor? (9) What is going to happen with the traffic on Dogwood S.E.? (10) Who is going to be in charge of traffic control at peak times? -3- I AUBURN COUNCIL MINUTES PAGE FOUR SEPTEMBER 17, 1984 II. B. Audience Participation (Cont.) Muckleshoot Bingo Parlor (Cont.) Lewis Hitchcock suggested the Council answer all the questions before allowing $100,000 in revenue to be lost from the Moose, Eagles, and South King County bingo. He said this would affect monies they contributed to the youth Lyle Schneider opposed the bingo parlor because of traffic ' problems. He felt the Tribe should have to follow the same rules as anyone else. Darvol Palmer wondered what agreement the City had made with the Tribe on the parlor and what recourse do citizens have? Melinda Zimmerman wondered why the light by Puget Sound Bank had been removed with all the traffic problems going on. Mrs. Overland noted her children had to cross Auburn Way South. The FAA also had a great deal of trouble getting out in the evenings. She expressed concern as to what would happen if there was a fire; there was no other way up. She also wondered about the low water pressure. Tom Adams indicated the land was ready for the foundation and this was the first time they had heard about it. He wondered why the City just did not step in. Adams felt if residents were waiting to get sewer hookups it did not seem fair a "gambling joint" took precedence. He wondered whose jurisdiction they were under and urged a moritorium until the EIS was done. ' Tony Herrera, business manager of the Muckleshoot Indian Tribe, made statements related to the following: (1) Liquor would not be served in the facility; (2) They would need a one year feasibility study before a decision was made on a restaurant; (3) They would pay fees for sewer, water, utilities, power, hookup just as any developer would; (4) An egress/ingress would be put on Dogwood for those going toward Enumclaw; (5) The street would be widen in front of the facility to allow a left turn lane; (6) The Tribe has jurisdiction for tribal members only and will have a security force; (7) Any criminal problems would be referred to the City or State; (8) The parking lot will be well lit; (9) The Tribe is working with the City on sprinklers and fire hydrants; (10) The Tribe does not have a fire district; (11) The unemployment rate on the reservation is 65% and the Tribe is trying to find busi- nesses to employ their members; (12) The monies earned by Tribe members will be spent in Auburn; (13) They will cooperate with the City in all matters. Jeff Gill questioned if the Tribe had an agreement with the State Liquor Board to sell liquor? Pat Dugan made a brief statement noting the City's position on jurisdiction is diametrically opposite to the Tribe's. ' However, the Tribe is aware if they did not follow City codes the City would have a legal response. He indicated that they have been treated as any other commercial busi- ness. Sewer, traffic, and parking problems have all been identified on the check list and the City has been working with the Tribe on agreements in these areas. Dugan stated all conditions must be met before a building permit could be issued. AUBURN COUNCIL MINUTES PAGE FIVE SEPTEMBER 17, 1984 II. B. Audience Participation (Cont.) Muckleshoot Binqo Parlor (Cont.) Kurle asked if the traffic had been adequately addressed. Craig thought an EIS would provide citizen input and inform key officials. He wondered why the Tribe could not prepare an EIS to address concerns. He felt if the roles were reversed we would have to prepare an EIS. Wisner questioned the times of operations. Herrera indi- cated they would operate seven days a week between 11:00 and 4:30 p.m. and 7 p.m. to 9:00 p.m. Whittall wondered what was the largest type of business that would be comparable to this facility. Dugan said the shopping center at 15th and Auburn Way North and it did not require an EIS. Whittall asked what would be the smallest type business. Dugan stated any business on an arterial they would look at as they were with the bingo parlor. Whittall asked why it was not exempt when it had passed through several hands. Dugan reported the Tribe have indi- cated the land was in trust although he has not seen docu- mentation to that effect. Colburn asked if a bingo parlor need a CUP. Dugan indi- cated no. Colburn asked why an EIS was not required. Dugan stated in researching past policies and practices he could find no precedent for requiring an EIS on a project of this type. Kurle wondered if 1,000 cars a day was not significant what would be. Dugan said if the numbers got above 2,000 or if it was impacting a peak time. This facility would create ' traffic in the opposite direction. Kurle asked if the Council felt the impact was underestimated could they order an EIS. Bereiter answered no; Dugan had the authority. Craig and Colburn expressed concern about how the Council and citizens had a voice in the problems over this faci- lity. Bereiter stated for the legislative body to inter- fere with the administrative function would open the City to litigation. Bereiter noted Dugan was trying to say this facility had been treated as any other business. Washington State Harness Club Kelly Nelson opposed the amendment to the Conditional Use Permit because of the noise and visual pollution. Resolution 1538 - Authorizes Sewer Agreement with Muckleshoot Indian Tribe on Aubun Way South. Craig explained the alternatives discussed in this agreement and that rather than an interim solution the agreement tried to aim toward a permanent solution. MOTION by Craig, SECOND by Wisner, to adopt Resolution 1538. . Larson felt after an hour and a half discussion on no con- nections this agreement was like going in both directions I at once. Craig amended his motion to include "contingent upon meeting City requirements." Wisner agreed with amendment. Larson and Colburn voted NO. MOTION CARRIED C. Correspondence - None -5- AUBURN COUNCIL MINUTES PAGE SIX SEPTEMBER 17, 1984 COUNCIL COMMITTEE REPORTS k- III. A. Public Works - Chairman Ron Craig - Minutes are of public record. B. Planning & Community Development - Chairman Linda Wisner Minutes are of public record. C. Finance - Chairman Bud Larson reported on the meeting held prior to the Council meeting noting items for Council actio ' were already on the agenda. D. Munici 2 al Services - Chairman Gene Colburn - Minutes are o public record. CITIZEN INPUT IV. CITIZEN INPUT Pike Street Closure - Lewis Hitchcock asked what was the next step on the petition. Craig indicated the consultant would be reviewing the situation and bringing a recommendation to the Public Works Committee sometime before December. CONSENT AGENDA V. A. Minutes - September 4, 1984, Regular Meeting. B. Vouchers 1. Claims #11029-11194 in the amount of $368,930.21. 2. Payroll #101313-101689 in the amount of $329,976.69. C. Accounts Receivable Write Offs. A. Final Pay Estimate to James A. Guess for Water Improve- ment 151 in the amount of $481.22. E. Out -of -State -Travel for Dawn Malone and Bob Kinderknecht to attend Collection System Workshop in Albany, Oregon on September 18, 19 and 20. MOTION by Larson, SECOND by Craig, to approve Consent Agenda Items A through E, with the exception of Item C. MOTION CARRIED UNANIMOUSLY. Item C - Larson indicated the following wording should be added to Item C "for over 101 delinquent accounts totalling $14,390.23 for collection." MOTION by Larson, SECOND by Craig, to approve Consent Agenda Item C. MOTION CARRIED UNANIMOUSLY. OLD BUSINESS VI. OLD BUSINESS - Proposed Off -Street Parking Ordinance MOTION by Wisner, SECOND by Larson, to approve the revisions to the Off -Street Parking Ordinance and to instruct the City Attorney to prepare the necessary ordinance. Colburn stated he opposed the ordinance because it was too strict. Whittall indicated the Chamber seemed satisfied with the ordinance and their concerns had been answered. Colburn and Craig voted NO. MOTION CARRIED. ' VII. NEW BUSINESS NEW BUSINESS A. Water Line Extention - Approval of funding for proposed L.I.D. to extend 12 waterline on 37th Street N.W. and West Valley Highway. MOTION by Craig, SECOND by Kurle, to approve the City's participation in the proposed waterline L.I.D. in an amount of $35,000 for the construction of that portion of the waterline under SR167 Freeway, funding to come from the Water Division. MOTION CARRIED UNANIMOUSLY. W-M AUBURN COUNCIL MINUTES PAGE SEVEN SEPTEMBER 17, 1984 VII. NEW BUSINESS (Cont.) B. White/Stuck River Dyke Construction - Authorizes explora- tion of mediation. MOTION by Craig, SECOND by Kurle, to instruct staff to explore mediation as an alternative to dyking City -owned property to protect the Coal Creek Springs water supply. MOTION CARRIED UNANIMOUSLY. C. Ordinances and Resolutions 1. Ordinance 4008 - Auburn Academy Rezone from Unclassified to P-1 (Public Use) located at the northeasterly corner of 32nd St S.E. and Auburn Way South. (Passed under Item II A Public Hearings.) 2. Ordinance 4009 - Related to Environmental Review Procedure. MOTION by Wisner, SECOND by Burns, to introduce and adopt Ordinance 4009. MOTION CARRIED UNANIMOUSLY. 3. Resolution 1538 - Authorizes Sewer Agreement with Muckleshoot Indian Tribe on Auburn Way South. (Passed under Item II B - Audience Participation.) 4. Resolution 1539 - Amends City Council Standing Committees placing health services under the Planning and Community Development Committee. MOTION by Wisner, SECOND by Larson, to adopt Resolution 1539. MOTION CARRIED UNANIMOUSLY. f'y VIII. MAYOR'S REPORT IX. ADJOURNMENT The meeting was adjourned at Bob Roegner, Mayo 11:11 P.M. -7- �,np We &Jiz&l Coralee McConne ey, City Cler